The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1887-04-15
The Defense Rests.

The Defense Rests.
Sioux CITY, April S.-Leavitt was
recalled this morning by the defense
to identify copies of his confession.
The defense offered extracts from his
confession in evidence but by objection
it was overruled. In answer to ques-
tion of the defense Leavitt said he did
not know what he did say before the
coroner's jury. A mans life was in
danger then to tell what he did know.
The defense here offered in evidence
the confession of Leavitt as whole
and it was accepted. At this point the
defense rested.
The state had j. A. Lyon recalled.
The question put to him was with a
view to impeachment.
G. w. Schmidt. the witness who
swore to viewing the murder from his
window in the Columbia house, and
who swore that Leavitt fired the shot,
was recalled. have been at La Crosse,
Lake Benton, Marshall and New Ulm,
in Minnesota; lived six months with
the sheriff at New Ulm; was in Jail
there; saw my wife last two years ago.
j. G. Peterson was recalled for more
cross examination. He put in a gen.
eral denial to all the questions leading
to impeachment. This ended the line
of witnesses for the defense and this
afternoon the state will call evidence
in rebuttal. There is large mass of
testimony of this character to be re-
viewed and the balance of the week
will be required for the rebuttal wit
nesses.
Witnesses in Rebuttal
Were called this afternoon by the
state, the first of whom was A. G. Math-
ews, of Lake Benton, Mimi, clerk of
the courts in that place. He knew
Gus Schmidt; his general reputation
for truth and veracity was bad.
q. H. Jackson, John l.. Cass and T..
L. Nordville, all Lake Benton citizens,
testified to the same effect concerning
Schmidt's moral reputation.
DR.. j. M. Knott, a Sioux City physi-
clan, met j. A. Lyon going to the scene
of the murder at II o'clock on the ght
of the Sd of August; Lyon asked me
who was shot; when [ told him Had
dock was killed he said, Good enough
for him."
| Richard Fisher swore to being in
Lyons gun store the day of Haddock' 8
funeral; went to look at some revol-
vers; "the Rev. G. q. Turner boarded
in my house; an officer had warned us
that the conspirators intended to burn
and destroy my property and kill Mr..
Turner; when was there Lyon took
up a revolver and said: that's one of
the kind that killed the damned preach
err he then said to me: do you belong
to that crowd?' 1 told him 1 did; told
him would like to use the revolver on
the man who shot Haddock."
| Ex-Mayor Magee
testified to living on the corner of Wat
er and Third streets; the same corner
around which Hart and Leader said
they walked after the murder; heard
the shot; was in bed, on the second
floor; got up and looked out of the win
dow toward the engine house; no one
passed south on the walk; would have
heard any one passing on the walk.
Mrs. Magee gave IN substance the
same evidence as her husband.
c. E. Hamilton, stenographer at the
! coroner's inquest, certified to the cor
rectness of the coroner's report of the
testimony Of John Arensdorf, and il
was placed in evidence. In that re
port, made two days after the murder
he locates himself nearly two blocks
nearer the murder when he first hearc
of it, than he does in his alibi.
A. y. Tolefson, an attorney, and I
L. Foley, a justice of the peace, emphat
ically empeach Junk, witness for TIN
defense. Court adjourned.
, SIOUX CITY, April 9.-The warn
: weather and the strain of curiosity o
the last few days has materially tolt
on the attendance at the iIaddocll mur
j. der trial. The court room this morn
: ing was but q little over half full ant
, seats were obtainable during the entir
morning session. The judge, jury ant
lawyers appear weary and the testi
mony OF rebuttal is conducted with tn
, utmost exertion. The witnesses il
} rebuttal are clear and prompt in thei
statements.
, The first called was +. a. Almon
; who gave description of the doorwa
; in which the witness Juhl said HI
stood when he saw Leavitt fire the shot
|, The screen doors fitted close to the out
side door sill was to prohibit anyon
standing upon it.
! A Journal reporter related his inter
} view with Paul Leader in January L
; that conversation Leader said he coul
not see the man who fired the sho
plain enough to identify him. Leade
did not say anything about the assas
; sin wearing a rubber coat.
o. II. Jackson was recalled and sal
, that the witness Schmidt who sa,
} from the Columbia house windoN
! Leavitt lire the shot, while living a
T; Lake Benton would steal the none
, earned by his wife at washing an
spend it for liquor. lie would ais